New York statute
N.Y. Penal Law § 145.05 — Criminal mischief in the third degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 145: Criminal Mischief and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 145.05
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
145.05 Criminal mischief in the third degree.
A person is guilty of criminal mischief in the third degree when, with
intent to damage property of another person, and having no right to do
so nor any reasonable ground to believe that he or she has such right,
he or she:
1. damages the motor vehicle of another person, by breaking into such
vehicle when it is locked with the intent of stealing property, and
within the previous ten year period, has been convicted three or more
times, in separate criminal transactions for which sentence was imposed
on separate occasions, of criminal mischief in the fourth degree as
defined in section 145.00, criminal mischief in the third degree as
defined in this section, criminal mischief in the second degree as
defined in section 145.10, or criminal mischief in the first degree as
defined in section 145.12 of this article; or
2. damages property of another person in an amount exceeding two
hundred fifty dollars.
Criminal mischief in the third degree is a class E felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is criminal mischief in the third degree in New York?
Criminal mischief in the third degree is a Class E Felony in New York under N.Y. Penal Law § 145.05.
Which New York statute covers criminal mischief in the third degree?
Criminal mischief in the third degree is governed by N.Y. Penal Law § 145.05 (Criminal mischief in the third degree).
This reference is informational and is not legal advice.